Jacob Sullum at Reason Magazine does his usual decimation of these idiotic machinations of power:
Last Friday, the department made a “finding of emergency” that says “a vaping crisis among youth” justifies “the promulgation of emergency rules.”
That finding does not cite any specific statutory authority for such “emergency rules.” But according to Chelsea Lewis, the governor’s deputy press secretary, the health department is relying on its general authority under Section 333.2226(d), combined with Section 24.248 of the Administrative Procedures Act, which says an agency may issue an emergency rule “without following the notice and participation procedures” that would otherwise apply when it “finds that preservation of the public health, safety, or welfare” requires it and the governor agrees.
In short, Whitmer’s e-cigarette ban rests on a breathtakingly broad reading of her authority to make emergency rules in the name of “public health,” however she defines it. “The rules will be filed in the next few weeks,” Lewis says. “They will take immediate effect once filed.”
Last year the New York Department of Health, whose powers include writing regulations that “deal with any matters affecting the security of life or health or the preservation and improvement of public health in the state of New York,” rescinded regulations that would have banned flavored e-cigarettes. Critics, who noted that similar bans have been introduced in the state legislature but have not gone anywhere, said the regulations were an improper usurpation of legislative authority.
Source (September 4, 2019):
“Michigan Governor’s Reckless E-Cigarette Ban Relies on a Breathtakingly Broad Reading of Her Authority To Protect ‘Public Health’”
Source: https://i.ytimg.com/vi/XOGezf_Ifxo/maxresdefault.jpg
Gretchen demonstrates her powers of uniquely bombastic, while nevertheless idiotically persuasive oratory.
Source: https://www.youtube.com/watch?v=28yWSsybV3c
